Principal Commissioner Of Income Tax-2, Coimbatore v. Shri K.karuppasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR TAX CASE APPEAL NOS.604 & 605 OF 2016 & CMP.NO.12366 OF 2016 Principal Commissioner of Income Tax-2, Coimbatore...Appellant Vs Shri K.Karuppasamy...Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 18.12.2015 in ITA Nos.2717 and2718/Mds/2014, on the file of the Income Tax Appellate TribunalMadras 'A' Bench respectively for the assessment years 2009-10and 2010-11. against the order of the Commissioner of Income Tax(Appeals)-II, Coimbatore dated 26.09.2014 and made inITA.No.131A/2013-14 and 131/2013-14 for the Assessment Year2009-10 and 2010-2011 respectively and against the order of theIncome Tax Office, Ward – I (6) Tirupur dated 30.03.2013 andmade in PA.No./G.I.R.NO.ACQPK0451Q for the Assessment Year 2009-10 and 2010-11 respectively. Heard the learned Standing Counsel for the appellant. 2. These appeals by the Revenue challenge the common orderpassed by the Income Tax Appellate Tribunal, which decided theissue in favour of the assessee. The appeals were admitted on29.8.2016 on the following substantial questions of law : “i. Whether, on the facts and in thecircumstances of the case and in law, theAppellate Tribunal was right in allowing the https://hcservices.ecourts.gov.in/hcservices/ appeals of the assessee relying on anunregistered sale agreement, when aregistered sale deed and guideline value onthe same property, which was adopted by theRegistering Authority and the AssessingOfficer ? And ii. Whether, on the facts and in thecircumstances of the case and in law, theAppellate Tribunal was right in notfollowing the value as in the certified copyof the sale deed, which was directed to beobtained by the Department from the Sub-Registrar Office? ” 3. The Revenue seeks to withdraw these appeals on account oflow tax effect in terms of Circular No.3 of 2018 dated 11.7.2018issued by the Central Board of Direct Taxes. 4. In the light of the above, these appeals are dismissed aswithdrawn and the substantial questions of law framed are leftopen. In the event, in any of the cases, the tax effect is abovethe threshold limit fixed in the said circular under exceptionalclauses mentioned in the circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. Consequently, the connectedCMP is also dismissed. No costs. Sd/- Assistant Registrar(CS V) //True Copy// RsTo Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, Madras 'A' Bench.2.Principal Commissioner of Income Tax-2, Coimbatore.3.The Commissioner of Income Tax (Appeal)-II, Coimbatore.4.The Income Tax Office, Ward – I (6), Tirupur.+1cc to Mr.S.Sridhar, Advocate, S.R.No.361+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.210 SV(CO)CS/11/02/2019 https://hcservices.ecourts.gov.in/hcservices/